D.b. Income Tax Appeal v. Krishi Upaj Mandi Samiti, Chomu

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH ATJAIPUR D.B. Income Tax Appeal No. 390 / 2011Commissioner Of Income Tax Jaipur, Jaipur-III, Jaipur ----Appellant Versus Krishi Upaj Mandi Samiti, Chomu ----Respondent _____________________________________________________ For Appellant(s) : Sh. Daksh Pareek Adv., on behalf ofSh. Sameer Jain Adv. For Respondent(s) : Ms. Sumati Bishnoi Adv. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGIHON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 28/07/2017 Instant appeal is directed against the self same order of theIncome Tax Appellate Tribunal impugned dt.29-4-2011 disposingof two appeals for the assessment years 2004-05 & 2005-06respectively. Two separate appeals were preferred by the revenue i.e.D.B. Income Tax Appeal No.389/2011 for the assessment year2004-05 and D.B. Income Tax Appeal No.390/2011 for theassessment year 2005-06. As regards D.B. Income Tax AppealNo.389/2011 has been dismissed by the Coordinate Bench of thisCourt vide order dt.14-2-2017 because of low tax effect in view ofcircular no.21/2015 of the Central Board of Direct Taxes dt.10-12-2015. It is informed that batch of such appeals were examined by this Court on merits & decided by common judgment dt.18-8-2010 in D.B. Income Tax Appeal No.167/2010 Commissioner ofIncome Tax, Jaipur-III, Jaipur Vs. M/s. Krishi Upaj Mandi Samiti,Shrimadhopur, District Sikar & observed as under :- “In the light of the aforesaid discussion, we are ofthe view that these appeals preferred by therevenue against the decision of the learned I.T.A.T.,in the facts and circumstances, deserves to bedismissed. Our answer to the question, therefore, isthat the learned I.T.A.T. has rightly held that lookingto the activities of the assessees-K.U.M.S. and theRajasthan Agriculture Marketing Board enshrinedunder the Rajasthan Agricultural Produce MarketsAct,1961 and the Rules framed thereunder are suchwhich would bring these Institutions, namely theSamities within the purview of “CharitableInstitutions” so as to entitle them for beingregistered as Charitable Institutions under Section12A of the Income Tax Act,1961 and entitle themfor exemption under the provisions of Section 11and 12 of the Income Tax Act,1961.” When the present appeal came up for consideration, afterhearing counsel for appellant following substantial question of lawwas framed by this Court vide order dt.3-5-2012 which reads asunder :- “Whether filing of form no.-10 under Rule-17 readwith Section 11(2) for the purpose of exemption isvalid and available only when it is filed in the timelimit given in the Section 139(1) of the Income TaxAct ?” The parties are in agreement that the substantial question of law which has been framed by this Court in the instant appeal vide order dt.3-5-2012 is almost the same which has been examined &decided by this Court vide jdugment dt.18-8-2010 and jointlysubmits that the present appeal may be disposed of in the light ofthe judgment of this Court disposing of batch of appeals preferredby the revenue against various Krishi Upaj Mandi Samities dt.18-8-2010. Accordingly, the present appeal stands disposed of in termsof the judgment of this Court in D.B. Income Tax AppealNo.167/2010. (ASHOK KUMAR GAUR)J. (AJAY RASTOGI)J. A.Kumar/64